Instructor Edition

Instructor:

Timing: 3 hours

Take-aways of this chapter:

In this chapter we will cover best practices for negotiating, with an emphasis on

striving for win-win agreements.

Participants will engage in exercises that challenge them to analyze scenarios and

formulate questions and strategies for negotiations.

1. Learn the most common points of negotiation.

2. Walk through the Three P’s approach to the negotiation process.

3. Practice planning strategies and crafting communications to customers and

agents during negotiations.

4. Discover techniques for minimizing risk.

IMPORTANT!

Daily Report Out – Instructor, it is important to the participants’ success that you do

this every class! It is essential to the participant’s success to establish this habit and

for you to hold them accountable.

1. Daily calls – every class will include Real Play calls

2. Prepare to negotiate

3. Nonverbal cues

4. Practice positioning

5. Negotiate this

This Power Session focuses on negotiation. The next Power Session will focus on

contract-to-close information. During this session, keep the class focused on

negotiation skills

Remember that the participant benefits from doing the actual work in class with your

guidance and support! You are the hero who helps them achieve!

You will be showing and discussing one video in this Power Session. Have this loaded

and ready to go.

Report Out – Daily 10/4 ......................................................................................................... 7

Negotiating Tips ..................................................................................................................... 12

Common Points of Negotiation ........................................................................................... 13

Three Ps Approach ................................................................................................................. 14

Action Plan .............................................................................................................................. 23

Prepare for Your Next Class ................................................................................................. 24

Recall and Remember............................................................................................................. 26

Learn negotiation tips.

Understand the most common points of negotiation.

Walk through the Three Ps approach to the negotiation process.

Identify negotiation tactics and counter tactics.

To maximize your learning, your Ignite Faculty is commited to:

Show great role-model videos in class.

Devote the majority of time on activities in class.

Role model what it takes to be highly successful. Guide and support the

Cappers in Training by holding them accountable to their Daily 10/4 and

prework Mission, and during the phone call activity make calls along with the

class.

Instructor:

Quickly list what

the expectations

are for the day.

Cover this page

thoroughly and

make sure

everyone knows

what’s expected

and has

completed all

Mission work.

Remember there

are expectations

for you too! Help

participants be

successful!

Be sure to review

the videos in the

Mission prior to

class.

There are three parts to the Action Reveal.

Review Mission assignments and get questions answered.

a. Answer questions about any videos watched.

b. Provide your aha’s from the Mission.

Announce your Daily 10/4 activity results from the day before class and review

leaderboard standings. Celebrate successes!

Make Real-Play calls in class.

Instructor:

Hold

participants

accountable for

this work.

Ask questions

about the

Mission videos.

Ask for aha’s on

how

technology,

specifically

eEdge can help

with

Negotiating?

Ask for Aha’s

from doing the

Mission and

working on

their Daily

10/4.

Note: For help using myTracker, refer to instructions on the back of your Mission page.

Keep track of yourself and your fellow Cappers in Training and cheer their successes!

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Instructor

Have participants report on the Daily 10/4. This is to be done EVERY class!

1. Participants should have entered their activities into the electronic myTracker —

show the leaderboard results in the classroom (on a projector if you have one.)

2. In addition, have each participant either fill in his/her numbers or you can fill the

numbers on a white board or flip chart that is displayed in the classroom.

Techniques such as competitions will promote productivity and comradery in the

classroom—refer to your Ignite Instructor Tools for ideas and inspiration.

Begin by saying an affirming message out loud.

“I tune into the needs of those I’m calling and find solutions that work!”

Get your phone and your list of contacts developed in your Mission. Use scripts

for Mets from Power Sessions 2 and 3.

Goal #1: Call for 20 minutes and make contact with as many people as

possible.

Goal #2: Always ask for referrals from each

contact and offer your App.

Goal #3: Secure an appointment.

Record your results below.

1.

2.

3.

4.

5.

6.

7.

Write a note to two – three people you called to thank them for their time.

Time: 20 minutes

Instructor:

Remind

participants

that Real-Play

is a money-

making

activity done

in the

classroom

with the

support and

guidance of

you and fellow

participants.

Remind them

that you are

serious about

them being

successful in

this business!

Reminder: Comply with

federal and state Do Not

Call (DNC) and spam

laws and the policies of

your local Market Center.

Negotiations are an integral part of most real estate transactions. In fact, they are so

important that in a 2014 National Association of Realtors (NAR) survey of buyers and

sellers, negotiations ranked second in the list of what buyers want most from their agent

and ranked sixth in what sellers want from their agent.

As with the offer process, negotiation is a pivotal point—it can literally be the deal-

maker or the deal-breaker. Negotiations can actually happen twice during this contract

process:

During the offer phase, with the goal of getting a contract

During the option period (while under contract), with the goal of closing the

contract

After investing so much time and energy to move a lead all the way to an agreement and

then to a sales contract, do not let a deal fall through now! Your ability to negotiate will

directly influence your rate of contracts that close.

You may not realize it, but you are almost always negotiating.

When there is something that you want—that new car for the price you want to pay, for

your friend to see your point of view in an argument, or for your child to do the

dishes—the truth is that whatever you want is often owned or controlled by someone

else. The way to get what you want is through negotiation.

In real estate, negotiations occur between agents and between agents and their clients.

Instructor:

Now for a fun, lively activity!

Ask everyone to get ready for Common Negotiating Issues!

Call on participants one at a time and throw them a common negotiating issue.

Participants should be prepared to respond. Allow them to use their notes if

they need them or ask a classmate. Ask for aha’s from this activity. (5–10 mins)

Watch the video “Negotiating” with Josh Anderson (2:57

mins)

What are your Ahas?

Time: 10 minutes

Instructor:

Find this video

online on

Ignite on

KWConnect,

under

Instructor

Resources for

this Power

Session.

Play the video

and ask for

aha’s.

Instructor:

After showing the videos, ask:

Can negotiations be learned?

Yes!

What were some tips Josh offered?

Ask a lot of question from clients and the co-op agents.

Keep asking questions!

Listen!

Be creative to close the deal.

Use an escalation clause.

Consult and advise your client.

Learn from other KW agents!

Do lots of deals and learn from them!

Keep the following tips in mind as you work toward mastery in negotiation.

Above all else, be professional.

Remember your goal—a signed contract. This is what you’re driving

toward, and it’s what both agents and their clients have in mind.

Control what you say to anyone involved in the transaction. If you create

anxiety in your client or other parties, you are reducing their leverage in

negotiations.

Continually refer back to motivation. Remind your client why they want to

buy or sell, and help them reevaluate their request if they are becoming

unreasonable.

Don’t reveal too much. Listen more than talk. Keep your client’s

motivation close to your chest.

Don’t be attached to the outcome. You’ll do hundreds or thousands of

transactions in your career, and there is no way you can get everything you

and your clients want all the time. Don’t let it affect your mindset if a deal

doesn’t go through or if your client doesn’t act on your recommendation.

Find a different win for your client

____________________________________________________________

____________________________________________________________

____________________________________________________________

Instructor:

Review the

negotiation

tips with the

participants.

Add any other

tips you many

have. Also ask

the

participants if

they have any

additional tips.

During the negotiation process, price and terms are common points of negotiation.

Price: While the sales price is the primary factor in negotiations, it is not

necessarily the bottom line. In a situation where a seller receives multiple offers

at the same price, it is the terms of those offers, in addition to the buyer’s

financial position, that will determine which one wins.

Terms: The terms of an offer may be financial or time-based, or both. When

the buyer and seller can’t agree on a sales price, the following five offer terms

come into play.

Closing costs: Traditionally paid by the buyer, closing costs are in addition

to the purchase price. Securing the cash to pay these expenses can be difficult

for some, especially for first-time home buyers; therefore, the seller may be

asked to pay a portion of the closing costs. When you represent a seller, make

your client aware that it’s common for buyers to ask for part of the closing

costs to be covered by them and what their options are.

Closing date: When the seller has a very specific time frame for moving, the

buyer has the upper hand and can leverage this by being more flexible with

the closing date and less flexible with the offer price.

Conveyances: While conveyances are defined by a locality’s Board of

Realtors, the general rule of thumb is that attached fixtures stay with the

home and non-realty items (personal property) go with the seller. In

negotiations, a buyer may request that certain personal property items stay

with the home, such as furniture, window treatments, or a refrigerator.

Earnest money and option fee: It is in the seller’s best interest for the buyer

to put as much into escrow as possible, as soon as possible. While a locality’s

Board of Realtors has a standard practice for when earnest money (and

option fee, where applicable) is deposited, the amount is often negotiated.

Repairs: Most offers are contingent on the outcome of the home inspection

and necessary repairs. Depending on the complexity of the repairs, buyers

may ask the seller to make the repairs prior to closing (subject to a follow-up

inspection), deduct the repair costs from the sales price, or pay a lump sum at

closing to cover the costs.

Instructor:

Review the

negotiation

points with the

participants.

What

experience

have you had

negotiating

any of these

points?

Negotiation is a skill that can be learned and perfected with experience. The best practice

for negotiating and bringing the buyer and seller together is the Three Ps approach.

Preparation is the key to building confidence and ensuring a smooth negotiation process.

Know your goal.

Have a clear goal of reaching a win-win agreement in which both the buyer

and seller are satisfied with the outcome of the negotiation. Remind your

client of their motivation for moving or buying the house, and that when the

contract closes, they’ll be able to move on with their lives.

Know your client.

Make sure you fully understand your client’s goals. Learn the areas in which

they are willing to negotiate and where they will stand firm.

Think ahead.

Anticipate what the other party wants out of the negotiation. Write down

how you think they may counter the offer and how you plan to handle it.

Set clear expectations.

Prior to meeting with the other party, set clear and realistic expectations with

your client and then under-promise and over-deliver. Stress the importance of

moving quickly to create a sense of urgency. Part of setting clear expectations

with your client is being clear that win-lose agreements are likely to be

rejected by the other side. To set yourself up for success, make it win-win.

(continued on next page)

Prepare1 Present2 Position3

Be informed.

Before making an offer or counteroffer it’s good practice to speak with two

other agents. Ask open-ended questions and use active listening to find out as

much as you can about the other party and their agent. This helps you know

with whom you are negotiating, on what points you will negotiate, and where

you and your client have leverage.

Obey the laws.

Every state and locality has its own set of laws that regulates zoning,

mortgage qualification, and other real estate matters. Stay current on your

local regulations and stay out of court!

Know the documents inside and out.

Become familiar with your local Board of Realtors’ governing forms. Take the

time needed to understand the form templates and what belongs in each field.

The 2014 NAR Profile of Home Buyers and Sellers revealed that 83 percent of buyers

considered negotiation skills to be “very important” when working with a real estate agent.

Read the scenario below.

Identify the key areas in which you need more information or certainty before

you could confidently negotiate on your client’s behalf.

Write three specific questions you would ask your client in the space provided

below.

Scenario

You are representing a single buyer. Your client is renting her present property. Like any

first-time buyer, she is looking to you to guide her through the process. The asking price

for the home she really loves is $175,000. The house appears to have evidence of a roof

leak, is listed “as is,” and is correctly priced. Your client would like to keep her payments

as low as possible since she still has a number of student loans to pay off. She wants to

write an offer for $155,000. There has been quite a bit of activity on the listing.

Questions to Ask Your Client:

________________________________________________________

________________________________________________________

________________________________________________________

Time: 15 minutes

____________________________________________________________

____________________________________________________________

Instructor:

Allow

participants

10 minutes to

study the

scenario and

write their

questions.

Spend another

5 minutes

asking

participants to

share their

questions with

the class.

The point of

the activity is

to have the

participants

formulate

questions that

will help them

prepare to

negotiate with

the seller

agents.

What is it about this house that make it your favorite?

What is the possibility of you paying for the repair and we

stay at your asking price of $155,000?

What if the seller counters with a full offer to fix the roof,

or counters with no repair at all?

Move into the negotiation process by presenting your current offer to the co-op agent

and listening to the response.

Call the other agent to let them know the offer or counteroffer is coming,

then invite them into the buying loop in eEdge where they will be able to

view the offer contract.

Pay attention to nonverbal cues. While it is not always possible or practical

to make your presentation in person, a face-to-face meeting allows you to

analyze body language and facial expressions. Otherwise, present your offer

by phone and listen for verbal cues.

Keep quiet once you present an offer. Sometimes, letting the other person

do most of the talking is the most powerful negotiation technique because of

what they will reveal.

Listen carefully to what is important to the other party. Write down what

they say to demonstrate that you are taking them seriously, and then move on.

Stay calm and relaxed. Either party may have a strong emotional reaction to

the price or other terms of the offer. Be a calming influence until they are able

to see the situation rationally again. Remember—you are there as a

representative for your client. Keep your emotions out of it.

Focus on the customer’s needs. Isolate the objections of both sides and

offer solutions that will satisfy the other party while still meeting your client’s

core needs.

Give your offer the best chance. Be confident and committed to your offer

as you present it. Avoid indicating to the other side if you believe it is a less-

than-great offer for them.

Remember the Keller Williams belief, “Win-Win or No Deal.”

In the time allotted, write down as many nonverbal cues (body language, tone of voice,

or rate of speech) as possible that suggest the negotiation is going in a positive or

negative direction.

Time: 10 minutes

____________________________________________________________

____________________________________________________________

Instructor:

In this activity,

participants

will list

examples of

positive and

negative

nonverbal cues

they might

pick up during

discussions

with an agent

or client.

Ask for

volunteers to

list some of

the nonverbal

cues they came

up with. Be

prepared to

give some

examples.

Ask for aha’s.

Open gestures (nodding,

sitting back, open palms);

these may indicate

agreement,

understanding, or interest

Closed gestures (crossed

arms, lack of eye contact);

these may indicate lack of

interest or disagreement

Upbeat, emphatic, varied

tones, and a swift pace of

speech

A monotone, flat voice, a

loud tone, and an abrupt

or especially slow speed

Identify Tactics and Use Counter Tactics

In negotiating, your clients and/or agents may use certain methods or “tactics” in an

attempt to manipulate the negotiation.

Because these tactics are generally predictable, you can learn to quickly and accurately

identify them when they are being used on you. Additionally, you can respond with the

appropriate “counter tactic” with a high probability of accurately predicting how your

response will be taken.

Following are three of the most common tactics used in negotiations and counter tactics

to use in response.

Once your client has agreed

upon one major concession, the

other party will start “nibbling”

for additional smaller

concessions.

Stop nibbling from happening

to you by nibbling back! Ask

for a concession in return

before agreeing to any further

concessions.

The other party tries to pass a

problem onto you. For example,

the co-op agent tries to pass all

closing costs to your client

because their client “can’t afford

them.”

Throw it back! Test the

validity; find out if the

problem is real. Has the party

with the problem exhausted

every possible solution?

Two people working together

(e.g., a husband and wife) will

take on opposing roles—one

appears friendly and considerate

while the other behaves in a

difficult or aggressive manner.

Think of the typical car

salesperson (good guy) who says

his manager (bad guy) won’t let

him reduce the price any

further.

Call them on their game! You

can even say, “Come on,

you’re not going to play good

guy/bad guy, are you?” If it

continues, then attribute what

the bad guy says to the good

guy, since they are a tag team

anyway. This likely will diffuse

the tactic because you now

have two “bad guys.”

Instructor:

Discuss with

the

participants

how to first

recognize

which tactic

is being used

on them, and

then how to

use counter

tactics.

Tell the

participants

how you use

counter

tactics in

your

negotiations.

Positioning is moving both parties closer to each other until you have full agreement.

Acknowledge and affirm the common ground—where the buyer and

seller are in agreement and are at the same position. Then, identify which

positions may be easily adjusted and which are set in stone.

Ask “what” and “how” questions to better understand the other party’s

values and why certain things are important to them.

For example, say you represent a seller who wants to close in thirty days. If a

buyer wants to close within sixty days, ask your client:

“Mr./Ms. Seller, you are requesting a thirty-day closing. What is important

about closing in thirty days?”

If your client becomes defensive, you would explain:

“My goal is to let the buyer know why this point is important to you.”

Understanding what is important to the other party allows you to prioritize

and address their issues in order of importance.

Positioning is a process and sometimes requires you to come back to the

negotiating table more than once. Sometimes several counteroffers will be

necessary to negotiate an acceptance.

Know when to walk away. Sometimes the other side may refuse to give

your client the win they need despite your efforts. Knowing when and how to

walk away can not only save your client from a win-lose deal, but it can

sometimes jolt an unreasonable party into a concession for fear of losing the

deal. The key is to walk away without burning bridges.

Instructor:

Discuss how

you position

your

negotiations.

Give examples

of situations

when you

have had to

walk away

from the

table. What

was the

outcome?

Choose a partner. One person will play the buyer agent and the other will play

the listing agent.

Take a few minutes to review the scenario and information about your role.

Using what you’ve learned so far in this session, take 1–2 minutes to prepare

for negotiation.

Present your case to your partner and practice positioning. Go back and forth

two times, both aiming to arrive at a win-win agreement.

Scenario

The property has 4 bedrooms, 3.5 baths, and is listed at $350,000 in a well-established

neighborhood. The house requires new carpeting throughout the first floor and a new

garage door opener. Three offers have been made, but all were below the asking price.

Buyer Agent Role

Your buyers are making an offer of $340,000 for the house. They have been

preapproved. The buyers would like to close in the shortest time possible since they are

moving from out of state and need a home for their family. Since they are leaving their

appliances in their current home, the buyers would also like all of the appliances to be

included.

Listing Agent Role

Your sellers have raised their family in the house you are selling and have many friends

and family in the area. Since their children are now grown, they no longer need the

amount of space their current home provides and have purchased a home in Florida.

They would like to give all appliances to their daughter, who has just gone through a

divorce. They will not be moving until they have sold their current house, and although

they would like to get to Florida as soon as possible, they are ready to stand their ground

regarding the price.

Time: 15 minutes

Instructor:

Allow

participants

10 minutes to

complete the

activity with

their partners.

Spend another

5 minutes

asking

participants to

share which

strategies

they used,

and how

successful

they believe

they were.

After

participants

have shared

their

solutions,

share your

solutions not

already

mentioned.

Finally, ask for

aha’s from

this activity,

next page.

Put what you have learned to the test.

Choose a different partner from the previous activity. One person will play the

buyer agent and the other will play the listing agent.

Take a few minutes to review the scenario and information under your role.

Using what you’ve learned in this session, take 1–2 minutes to prepare for

negotiation of a counteroffer.

Present your case to your partner and practice positioning. Go back and forth

two times, both aiming to arrive at a win-win agreement.

Buyer Agent Scenario

Your client has found the house they love and it’s in the neighborhood they want. It is at

the top of their price range and does need some work updating the kitchen and master

bathroom. Your client makes an offer on the property and the seller’s agent says, “I must

warn you that we have gotten several offers, and your offer is pretty low.”

Listing Agent Scenario

Your sellers need to move within 45 days due to a job transfer. You feel that you have

priced the house competitively. You are aware the house needs updating, but the sellers

don’t see the need because the house was just fine for them. There have been multiple

offers (the other offers are still standing, but the timing may not work for the seller) and

the latest offer is lower than the asking price. You have let the buyer’s agent know, “I

must warn you that we have gotten several offers, and your offer is pretty low.”

Time: 30 minutes

____________________________________________________________

____________________________________________________________

Instructor:

Allow

participants

20 minutes to

complete the

activity with

their partners.

Spend another

10 minutes

asking

participants to

share which

strategies

they used,

and how

successful

they believe

they were.

Tell the

participants

how you

would handle

the

negotiations

from both the

buyer agent

and seller

agent sides.

Ask for aha’s

from the

activity.

Action Plan

Prepare for Your Next Class

Recall and Remember

Attend negotiation training classes at your Market Center,

Region, or Family Reunion.

Practice negotiation tactics and counter tactics with a partner.

Practice all scripts with your partner.

Prepare for next class. Download pre-work.

Continue with your Daily 10/4.

Bring your phone, laptop/tablet, and database to every

class.

Prepare for your next class by completing the Mission prior to the next scheduled Ignite

Power Session.

Download your Mission for the next class from Ignite on KWConnect.

Instructor:

Ensure that

participants

access their

next Mission

and work on it

between

classroom

days. Stress

the

importance of

this time well

spent!

Every day in class you will be making calls to specific targeted groups. We will follow the

three-step process each time.

1. Prepare – Create your call list for the next class.

2. Take Action – Real Play calls will be made in the next class.

3. Maintain – Notes will be written to all those you call in class.

For your next class, you will focus on people who live out of your area—in other

towns, states, and even countries! They may know of someone moving to or living in

your area and can give you referrals. Also, they may know of someone moving in their

area and you can refer them to a great KW agent there and gain a referral fee!

Instructor:

Have

participants

write down

names and

phone

numbers.

Tell them to

complete this

list and be

prepared to

call these

people next

class!

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

How many contacts in your KW eEdge database by the end of Ignite? ____

How many contacts do you have today? _______

During the offer phase, with the goal of getting a contract

During the option period (while under contract), with the goal of

closing the contract

Price, terms, closing costs, closing date, conveyances, earnest money

and option fee, repairs.

Prepare, Present, Position.

Stop nibbling from happening to you by nibbling back! Ask for a

concession in return before agreeing to any further concessions.

200 new +

your

existing

Mets

Instructor:

Allow time for

Cappers in

Training to

complete this

Recall sheet.

Ask for their

answers

before

supplying the

correct ones.

Fast approaching 200!

What are your aha’s?

What behaviors do you intend to change?

What tools will you use?

What does accountability for this look like?

What will you achieve?

Instructor:

Have participants fill in their aha’s individually, or brainstorm as a group

Instructor:

Ask: How will you translate your aha’s into concrete changes in your

behaviors? Example: Aha—I need to practice my scripts. Behavior Change—

find a script partner and schedule time.

Action:

Instructor:

Tell: List out the tools you will use to achieve real behavior change.

Example: accountability tool, timeblocking on calendar.

Instructor:

Tell: Evaluate what kind of accountability will sustain your behavior change.

Is this an accountability partner? Mentor? MyTracker? Be realistic. The best

accountability system is the one you will use.

Instructor:

Tell: Think of the results you want to achieve. What are you doing to get

there? What do you have? What will you do?

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Handle your buyer’s request for inclusion of seller’s personal items

I’d be more than happy to write that into the contract for you. I feel when

you start involving people’s personal property it becomes more emotional.

When you’re asking for their antiques and their furniture, it’s different than

asking for their refrigerator or their washer and dryer. I don’t like to get

involved in personal property. If those are items that you want, let me call

the other agent and see if the sellers are even willing to part with the items

before we actually put it in the contract. If the other agent says, “They might

consider including the items for the right price,” then we can throw it in

there. How do you feel about that?

Clarify the inspection report for your buyer

I understand you are a little concerned about the inspection report. I

recommend that we negotiate for a dollar amount so we can be in control of

who addresses these issues. We need to focus on the big items — heating,

air-conditioning, and the roof—discover what amount of money we’ll need

to accomplish these repairs, and counter that amount back to the seller. If

there are really big issues, it may be that we do need to walk away, but you

shouldn’t be alarmed just because the list is long. The seller is required by the

Real Estate Commission to point out all items. But we’ll have to determine

whether the items will affect the house long-term for you.

When your buyer wants the seller to make nonessential repairs

I understand this is important to you. In my experience, repairing this item

typically costs about $700. While that’s not inconsequential, is it worth losing

this house? All things being equal, if the seller had a competitive offer for

exactly $700 more and gave you the chance to match that offer in order to

keep the house, wouldn’t you want to match that offer?

Recommend that your seller counter a low offer

I pulled up the information on what has sold in your price range since I put

your house on the market. Ten (insert correct number for your scenario) houses

have sold since then. Obviously, your house was not what these people were

looking for; we didn’t create enough value for your property compared to

what they bought. But we have an offer on the table now. It may not be

exactly what you hoped for starting out, but let me go over the information

with you. There are offers that will come in low. Often, the buyers are

making an offer based on the advice of a friend or relative. We’re not going

to turn them away because they’ve made this low offer. We know that they

really like your house or they wouldn’t have made it. We have the

opportunity to sell your house if we can negotiate to the price that you need.

We’re going to make a counteroffer back to them, in writing—one that will

reflect the price that you would like. We’ve already seen the price that they

would like to pay. I recommend that we counteroffer and try to get them up

to the price that you would like. What’s the bottom-line price you would

consider? Then let’s leave some negotiating room above your number. Most

counters go back and forth 2–4 times.

Prepare your seller to negotiate high-cost repairs

We’ve received a repair request. The buyers have had a structural engineer

take a look at the house, and the engineer is recommending that eight piers

be put underneath the home. What I know from my experience is that piers

cost approximately $XXX apiece. I can recommend to you some people who

can give you bids within the next several days, then we can get back to the

buyer within their option period to let them know whether you think this is

something you can take care of. And then we can get this house sold. We

don’t have to listen to the structural engineer, but the fact that we have a

structural engineer report means that it has to go with the seller’s disclosure.

If you decide not to put in any piers, perhaps you’ll want to get your own

structural engineer out there and get his opinion. Then if we can compromise

with the two structural engineers’ recommendations, we can call the buyer

back and try to negotiate this—maybe you pay half and they pay half.

Somehow, try to work this out with the buyer. If this contract does

terminate, then you must amend your seller’s disclosure because now you

have a report in hand stating that you are aware of foundation issues. This

will have to go to any potential buyers from here on out.

Counsel your seller when the buyer requests personal items

You know, the buyer in this offer is asking that you leave that stove that

you’re kind of attached to, and that light fixture in the dining area. I know

those are items you’d like to take with you when you leave. Are you willing to

replace that light fixture in the dining room? We could put something else up

there that is a comparable light fixture, or give the buyer a credit back for

that. Let me go back to them and tell them you really want to keep those

pieces of personal property, and see if we might keep this deal together that

way.

Your Name: ________________ Market Center: _______________ Date: _______

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